8503 - No Further Stay Condition: What is it and How It Will Affect Your Visa
Did you receive an “8503 – No Further Stay” condition on your visa grant, and wondering what it is and why this condition is applied to your visa.
What is a No Further Stay (8503) condition?
Suppose you are currently living in Australia and a “No Further Stay” condition has been imposed on your visa. These conditions may apply to you:
You cannot lawfully stay in Australia beyond the validity of the visa you are currently holding, and;
You cannot apply for another visa whilst you remain in Australia (other than a Protection (subclass 866) Visa or a specified temporary visa such as a Bridging Visas).
What are the different types of a No Further Stay Condition?
There are three (3) types of a No Further Stay condition.
The most common type, Condition 8503, is mandatorily attached to most visitor visas and to some temporary residence visas. Meanwhile, Condition 8534 is for student visa holders, and Condition 8535 is for Department of Foreign Affairs- or Department of Defence-sponsored students studying in Australia.
Why Did I Get a No Further Stay Condition on My Visa?
There could be a number of reasons why you received a No Further Stay (8503) condition on your visa, such as:
The visa that you are currently holding has a mandatory attachment of an 8503 - No Further Stay condition
You failed to establish a compelling and compassionate circumstance to qualify for a waiver
You don’t have sufficient evidence to support your request for a waiver
Your request for appeal has been denied with finality
What Qualifies as a “Compelling and Compassionate Circumstance”?
A compelling and compassionate circumstance is what the Department of Affairs (DoHA) uses as a metric to determine whether an applicant can be exempted from certain public interest conditions (PIC), including those that have a No Further Stay condition attached to their visa.
Typically, reasons such as inability to travel due to medical reasons, death or severe illness of a close family member, and natural disaster in the home country, to name a few, are given due consideration by the Home Affairs department.
How Do I Request a Waiver of the No Further Stay Condition?
Requesting a waiver of the 8503 – No Further Stay condition can be tricky, and doing it all by yourself might not be in your best interest. We highly suggest that you consult with an Immigration lawyer to assist you in lodging a successful request. This is where we at Agape Henry Crux can step in and assist you.
However, if you still insist on doing it by yourself, you will have to convince DoHA, in writing, that a situation has developed in your life over which you have no control, or that a major change has happened in your circumstance.
How Can Agape Henry Crux Help
If you have previously applied for a waiver and been denied, we highly suggest that you speak with a lawyer to not further risk your visa application. At Agape Henry Crux, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers and migration agents are specialized in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Frequently Asked Questions (FAQs) for No Further Stay (8503) Condition
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If you have to travel to Australia urgently due to a compelling and compassionate circumstance, you may submit an urgent request for travel through the Australian Immigration Enquiry Form.
Make sure that you attach documentary evidence or other information when you lodge your request for a more expedited process. If you need assistance, we at Agape Henry Crux can assist you in lodging an application.
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If the Department of Home Affairs asked for additional information or documents from you and you cannot comply within the timeframe, you must do the following:
For ImmiAccount applicants, upload your extension request and any supporting documentation to your ImmiAccount portal.
For paper applicants, submit an extension request and any supporting documentation through the Australian Immigration Enquiry Form.
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If you want to withdraw your visa application and it hasn’t come to a decision, you will have to complete Form 1446 to your application on ImmiAccount; while applicants who lodged their application through paper must submit a completed Form 1446 through the email provided.